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Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... and it might very well be that a counterclaim, which is to be treated as a cross suit might not conform to all these requirements but this by itself is not sufficient to deny to the Court the power and the jurisdiction to read and construe the pleadings in a reasonable manner. If, for inst......er 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint………….(7) Cases Referred to: Unite......ement either by being made an annexure to it or as part and parcel thereof, though described as a counterclaim, there could be no legal objection to the Court treating the same as a plaint and granting such relief to the defendant as would have been open if the pleading had taken the form of..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......ipment of 100 metric tonnes of skimmed milk powder at the aforesaid rate. The writ petitioner then received two invoices dated 15-2-1993 and 2-3-1993 for import of 100 metric tonnes of skimmed milk power to be shipped by vessel 'MV Nil Europe Voy' from Hamburg. The writ petitioner also received B......1. ...... taxes. The demand of the customs authority prompted the writ petitioner to move the High Court Division in the aforesaid writ petition, which after hearing was made absolute. 3. Leave was granted to consider the submission that the High Court Division failed to consider that the no..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... opposed the Rule by filing separate affidavit-in-opposition denying the material statements in the writ petition contending, inter alia, that the writ respondent Government in exercise of its power under clause 9 of the Tender Schedule accepted the price offered by the writ petitioner in re...... others .................Respondents Judgment January 21, 2008. Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of four......r Leave to Appeal No. 223 of 2005 and writ respondent No. 7 Messrs Ashraf & Sons (highest bidder in the 6th call) filed Civil Petition for Leave to Appeal No. 490 of 2005. 5. Leave was granted to consider the following submissions, whether the writ petitioner, having deposited a..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......es that notwithstanding any provisions contained in any other law for the time being in force the provisions of this Ordinance shall prevail and shall have force. 22. Section 3 of the Ordinance empowers the Government to frame Rules and section 3Ka empowers the Government to make Rules to brin...... another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another…..Respondents (In Criminal Appeal No. 6 of 2008) Judgment March 6, 2008. Cases Referred to- ADM, Jabalper vs. Sukla, AIR 1976 (SC) 1207, Harabayashi vs. United States (1943), Solicitor......). Judgment Md. Abdul Matin J.- These two criminal appeals have been heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......e Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of extreme necessity, as in the prese......ary 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of ext......e the Rule absolute and set aside the judgment and decree of the courts below dismissing the suit. Hence the plaintiffs filed the aforesaid civil petition for leave to appeal. 6. Leave was granted to consider whether the learned Single Judge of the High Court Division acted illegally in ..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......the Code of Criminal Procedure against any person………….(44) Offence not to be created by Court The High Court Division has no constitutional or judicial power to legislate or create any offence………………(44) ......ip;……………….......Respondents Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the Hi......h Federal Union of Journalists who was an intervenor in the High Court Division preferred Criminal Appeal No. 25 of 1999. 13. Upon hearing the learned Counsels for the appellants leave was granted to consider the following submissions. 14. In the absence of any proceeding p..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......e reason has been given in the First Information Report but in fact the said reason appears to be false. He further submits that during the time of alleged occurrence no political party was in power and a neutral Care Taker Government was in power and as such there was no reason for refusal .......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Respondents Judgment January 10, 2005. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General (Md. Faisal H. Khan, Assistant Attorney General, with him) instructed by Ahsanullah ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......y an agreement between the concerned parties in an open market which are considered for determining the 'normal value' of the market but sub-section (7) of section 25 does not give unfettered power to fix any arbitrary tariff value at $ 1800 whereas the 'normal value' of which is about $ 80......p;…………………………………………………….Appellant Vs The Collector of Customs, Customs House, Chittagong & others................. Respondents (In all the ca......ernational market inasmuch as section 25(7) of the Customs Act does not confer any authority on the Government to determine the tariff value arbitrarily. 4. Leave to appeal was according by granted by this Division to consider the submission of Dr. Kamal Hossain on behalf of the appellant..Category: Fiscal/Taxation Law | Date: | Hits: 107
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......ed 14-12-2000 passed by the Administrative Appellate Tribunal in AAT Appeal No. 51 of 1998 dismissing the appeal. 2. The case of the appellant, in short, is that he joined as Technical Inspector of Food on 28-7-1981. While serving as such he was placed under suspension on 17-11-1981. In a ......nce had no jurisdiction to deny his pay and allowances since the date of his reinstatement in service on 1-4-1995. 4. The learned member of the Administrative Tribunal, Bogra refused to grant the appellant's arrear salary and allowances for the period of his absence on the ground that..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......gh Court Division erred in law in making the Rule absolute thereby failing to consider that when Tariff Value has been fixed by the Government by Gazette Notification dated 19-5-1999 in exercise of power under section 25(7) of the Customs Act, 1969 such tariff value shall be the basis of assessm...... ...... imported similar Hard Board and the Customs Authority allowed clearance of those goods on assessing customs duties and other levies on the basis of invoice value. 3. Leave in the appeal was granted to consider the submissions of the learned Additional Attorney-General, appearing for the ..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ountry with Indian properties of the plaintiff and gave the latter possession of the suit property. 3. Thereafter, on attaining majority Jitendra Nath along with Radhanath Mondal executed a power of attorney in favour of the plaintiff on 18-11-1963 in pursuance of the oral exchange. On 9......wab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by the High Co......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......etition No. 298 of 1987) on behalf of Eastern Tubes Limited though in the body he claims himself as a shareholder and constituted attorney of the other appellants. Thereafter, Mr. Huq submits that no power of attorney by the appellant Nos. 2 to 10 is found available in the file and that from the fac......pellants Vs. Secretary, Ministry of Industries and another..................................Respondents Judgment June 4, 2007. Result: The appeals are dismissed. Cases Referred to- Messrs Helal Jute Press Limited Vs. Government of Bangladesh, 27 DLR 551; Government of Bangl......the shares of the company are liable to be released in favour of the writ petitioner-appellants "after ascertaining the shares on proper verifications." 6. Hence are these appeals. 7. Leave was granted to consider the submissions made on behalf of the appellants submitting, inter alia, that ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......-Chairman of the Nalchity Girls High School filed the aforesaid suit stating, inter alia, that Nalchity Girls High School (the School) was established in 1966 for the purpose of imparting education to the girls of the locality, that the School imparts education to the girls from Class VI to X, t......nd the balance of convenience and inconvenience is not in favour of the plaintiff and that the plaintiff has failed to establish that he would suffer irreparable loss in case injunction is not granted. On the aforesaid findings the trial Court rejected the prayer for temporary injunction. ..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ...... to prefer appeal before the Administrative Appellate Tribunal within three months against an order or decision passed by the Administrative Tribunal but sub-section (2A) of said section 6 confers power upon the Administrative Appellate Tribunal to admit an appeal if preferred within a period of...... him under Rules 3(a) and 3(b) of the Government Servants (Discipline and Appeal) Rules 1985 on the allegation of misconduct and corruption. It was alleged that the respondent No.1 was transferred to the office of TNO Dohar on 24-10-2000 and was directed to join the said office and in default he......efore the Administrative Appellate Tribunal. The said Tribunal by the impugned judgment and order dated 12-8-2003 dismissed the appeal summarily. 5. Hence is this appeal. 6. Leave was granted to consider the submissions made on behalf of the appellant that the Administrative Appella..Category: Administrative Law | Date: | Hits: 117
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ...... of 1949), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as we......rom the landlord and upon the wholesale acquisition of rent receiving interests in 1956, he became a tenant under the Government and that he never surrendered his occupancy right. 7. Leave was granted to consider the question whether the learned Single Judge was well founded in law and fact i..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ...... such other person as aforesaid refuses to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find the defendant, and there is no agent empowered to accept service of the summons on his behalf, nor any other person on whom service can b......f Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the refusal under rule 84(e), the report c......when the ex parte decree was passed in the later suit. In Title Suit No. 637 of 1976 the respondents' prayer for temporary injunction was refused on contest up to the High Court Division. Leave was granted in this appeal to consider as to whether the subsequent suit was surreptitiously filed b..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......…………...Respondent Judgment April 3, 1990. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Bail matter After admission of appeal High Court Division having failed to grant bail appellant obtained leave and ad interim bail from the Appellate Division for a limited......………...Respondent Judgment April 3, 1990. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Bail matter After admission of appeal High Court Division having failed to grant bail appellant obtained leave and ad interim bail from the Appellate Division for a limited pe..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......e of important tender term; during negotiation with one bidder results in discriminatory treatment to the other bidders and, as such, the respondent No.3, which is the controlling Ministry having the power of supervision of the affairs of the appellant, directed the appellant to withdraw the letter ......is Case is also Reported in: 59 DLR (AD) (2007) 185. ......vision, after hearing, made the Rule absolute holding that there had been a concluded contract between the parties and the unilateral cancellation thereof was arbitrary and malafide. 5. Leave was granted on the submissions that the High Court Division misreading and misconstruing the correspon..Category: Others | Date: | Hits: 100
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......l lakhs of rupees for importing Japanese Power trillers and accessories. He opened a letter of credit with the Mercantile Bank Limited, Dacca, for Rs. 7,00,000/- (rupees seven Lakh), for import of power trillers. He placed orders with a firm at Hong Kong, and in course of time, certain consignmen......upreme Court Appellate Division (Civil) Present Syed A. B. Nahmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. ......ed. The facts leading to the question in appeal are that M.M. Shafiullah, the firm respondent, the sole proprietor of a firm at Khulna deals with agricultural machineries and implements, was granted an important licence worth several lakhs of rupees for importing Japanese Power trillers an..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......ith Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition for special leave to appeal No.160 of 1977 (From the Judgment dated the 31st August, 1976 passed by th...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
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